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720 So. 2d 1145

Harris v. State

District Court of Appeal of Florida

Decided November 12, 1998

District Court of Appeal of Florida · decided 1998-11-12

Relies on Francois v. State

Decided 1998-11-12

¶1CONFESSION OF ERROR

PER CURIAM.

¶2Larry Harris appeals an order of revocation of probation and sentence. Upon the state’s correct confession of error, we reverse. “[W]hen a probationary period expires, the court is divested of jurisdiction over the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation.” Francois v. State, 695 So.2d 695, 697 (Fla.1997). Because the state failed to file the affidavit of violation of probation before termination of the probationary period, the trial court was without subject matter jurisdiction to revoke defendant’s probation and to impose a jail term. Accordingly, we reverse the order and vacate the sentence.

¶3Reversed and remanded.

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